Legal Question in Landlord & Tenant Law in California

What can I do to prevent becoming homeless

In January of this year I lost my job-I havnt been able to pay rent for the month of feb. or March-We just got a notice stating that we have 3 days to come up with the over 2,000 dollars we owe--dont they think that we wouldve paid the rent if we had the money. This an apartment complex which has a least 200-300 apartments -the letter states three day noticr to pay or quit --do I need to sumit paper work to the court?


Asked on 3/16/05, 2:25 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: What can I do to prevent becoming homeless

Your obligation is to come up with the rent before the three days is up. Once the three days passes, the landlord does not have to accept any payments for the rent and can proceed straight to a lawsuit for eviction. If the three-day notice has expired, you must contact your landlord to try to agree to accept rent after the notice period. There is no paperwork to submit to the court until you are served with a complaint for ''unlawful detainer.'' Then you will have to file an ''answer.'' Please be advised that failure to pay rent because you lost your job is not an excuse the court will recognize. Your chances of winning a lawsuit are slim to none. Good Luck and call me if you need me. (310) 806-9237

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Answered on 3/16/05, 2:39 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: What can I do to prevent becoming homeless

What does it matter if it is one unit or 300 units? The owners of the building have a mortgage to pay, and the banks will not accept an excuse that their tenants have not paid them.

You are obligated to pay rent, whether you are working or not. I would suggest that you get a room-mate, borrow some money from a friend or relative, get a job, even if it pays less, or move somewhere less expensive.

You will do nothing but hurt your credit rating if you allow an eviction against you.

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Answered on 3/16/05, 2:44 pm


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